Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” ...more

Just two years ago, employers weren’t terribly worried about the approach the National Labor Relations Board (NLRB) took toward employment-at-will policies.
True, the board did seem to signal at the time that it might...more

We originally addressed this topic on November 9, 2012, discussing the National Labor Relations Board’s scrutiny of employer handbooks containing employment-at-will provisions. Since these disclaimers are widely used in...more

The National Labor Relations Board (“NLRB”) has made headlines in the last few years with its close scrutiny of workplace social media policies. However, making something of a quieter splash, the NLRB has also been...more

At-will disclaimers in employee handbooks may provide protection from contract claims, but a recent decision by a National Labor Relations Board ("NLRB") Administrative Law Judge ("ALJ") serves to remind employers that the...more

The National Labor Relations Board (NLRB) recently handed down a series of decisions that challenged the fundamental tenet of the employee-employer relationship: at-will employment. This new affront came on the heels of a...more

Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...more

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

Introduction -
Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks...more

In This Issue:
- Notes from the Chair & Executive Editor
- How do you maintain at-will employment if you can't tell anyone?
- Update on Class Actions Following Dukes v. Wal-Mart
- Important Employer-Related...more

The election is over, so now what? Elections have consequences, and the consequence of this election for employers' employment policies is breathtaking. Have an arbitration policy? It is likely unenforceable. Rules protecting...more

While two recent memoranda from the National Labor Relations Board (“NLRB” or “the Board”) have helped clarify the Board’s position, employers remain rightfully troubled by the NLRB’s position that having employees...more

Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more

It is a good, standard practice for employers to include a provision in their employee handbooks, where applicable, to clarify that the terms of employment in the handbook do not alter the at-will status of the employer’s...more

My article entitled "NLRB eyes non union workplaces" discusses the NLRB's recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to...more

On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the...more

In This Issue:
- NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland):
The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Executive Summary: Following recent attacks on the employment at-will doctrine by one of the NLRB's Regions, the Board has stepped its position back somewhat, issuing two Advice Memorandums through its Associate General...more